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TMI Blog2008 (3) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent No. 1 claims to be a registered public charitable trust working for safeguarding the interests of the persons engaged in the business of slaughter and sale of livestock, mutton etc. It is alleged that it is functioning in the city of Ahmedabad in Gujarat since 1962 and has about 3000 members. Respondent No. 2 All Ahmedabad (Chhoti Jamat) Mutton Merchant Association is an association of persons who are engaged in the sale of mutton in the city of Ahmedabad. Respondent No.3 is an individual who is doing the business of selling mutton in the city of Ahmedabad. 4. The common grievance of the respondents herein (the writ petitioners before the High Court), is that with a view to appease the Jain community the State Government and the Ahmedabad Municipal Corporation have, from time to time, taken decisions/passed resolutions for closure of the municipal slaughter houses in Ahmedabad during the period of the Paryushan festival (which is an important Jain festival) resulting in serious violation of their fundamental right to trade and do business in meat etc. They have alleged that in the year 1993, the State Government accepted the demand of some organizations belonging to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er sect of the Jain community and the other from 27.8.1998 to 5.9.1998 during which the Digambar sect of the Jain community celebrates Paryushan festival. However, during the course of the arguments, learned senior counsels for the appellants Mr. Soli Sorabjee and Mr. T.R. Andhyarujina stated that the closure is only for 9 days and not for 18 days which is evident from paragraphs 20 & 23 of the affidavit filed on behalf of Ahmedabad Municipal Corporation in the connected Civil Appeals (C.A. Nos. 5479-81/2005). 8. The impugned resolutions dated 14.8.1998 and 29.8.1999 were passed under Section 466(1)(D)(b) of the Bombay Provincial Municipal Corporation Act, 1949. The said provision reads as follows: The Commissioner may make standing orders consistent with the provisions of this Act and the rules and by-laws in respect of the following matters, namely:- (A) ............... (B)................ (C)............... (D)............. (b) fixing the days and the hours on and during which any market, slaughter-house or stock-yard may be held or kept open for use and prohibiting the owner of any private market from keeping it closed without lawful excuse on such days or during such ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h others feeling and that more tolerant society where people of different religions can live together happily is brought about. Such a desire of the Corporation can by no means be violative of Article 14 of the Constitution of India. It is important to appreciate that the Corporation is not deciding between the Jains and other communities. What the Corporation is attempting to do is to see that the religious beliefs of all communities and classes of society are respected placing as little restriction or curb on the other community so that all can live harmoniously and peacefully. (v) I state that there is no fundamental right to slaughter animals. I state and submit that the impugned action as stated above is absolutely in public interest and as already stated above, it is not to satisfy religious sentiments of a particular section but to see that the community as a whole lives cordially respecting each others religious belief. (vi) I respectfully state and submit that Section 466(1)(d)(b) is legal and just and I leave it to my lawyer to raise relevant argument on this legal issue. (vii) I state and submit that the action of the corporation is legal and valid. It is an absolute ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... va all the Jains all over the world will observe various religious activities such as fasting, prayers, attending the lectures providing and observing. The Jains are believing in not killing or hurting even a small insect, therefore, the killing or cutting of the animals in the slaughter houses during these days of Paryushan Parva affect and hurt the religious feelings of all Jains. The respondent Nos. 1 and 2 have been respecting the religious feeling of Jains since last many years and during the closure of the slaughter houses in Paryushan Parva days there are no complaints regarding non-supply of meat or its products by consumers, traders etc. thereof. 13. It was submitted by learned counsel for the appellants before the High Court that the closure of the municipal slaughter houses during the period of Paryushan should be declared as an unreasonable restriction on the rights of the writ petitioners to carry on trade and business in livestock, mutton etc. It is alleged that the impugned resolutions were passed by the Corporation in view of the demand made by some organizations belong to the Jain community and it has nothing to do with the general public interest. It was further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invalid. The Division Bench of the High Court held that the writ petitioners right to freedom to carry on the trade of slaughtering and selling meat cannot be curtailed or abridged merely at the asking of a particular section of society, or organizations belonging to a particular community merely because the members of that particular community feel that according to their religion people should not eat non-vegetarian food during a particular festival. The Division Bench was of the view that whether the people eat vegetarian food or non-vegetarian food is their private affair and the Court cannot make any pronouncement about it. People living in different parts of the country have different eating habits. Even in a particular locality, village or town, there are some who are vegetarian and others who are non-vegetarian. The Division Bench held that no restriction can be placed on the slaughtering or eating of meat merely because it may hurt the sentiments or the religious feelings of a particular community or a society. 18. The Division Bench of the High Court strongly relied on the decision of a Constitution Bench of this Court in Mohd. Faruk vs. State of Madhya Pradesh AIR 1970 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esaid para 11 in Md. Faruk's case (supra) that the Division Bench of the High Court struck down the impugned resolutions of the Ahmedabad Municipal Corporation. 23. Before we proceed further it may be mentioned that a Seven-Judge Constitution Bench judgment of this Court in State of Gujarat vs. Mirzapur Moti Kureshi Kassab Jamat & Ors. 2005(8) SCC 534 has partially overruled the decision of the Five-Judge Constitution Bench in Md. Hanif Qureshi's case (supra). In the aforesaid decision the Seven-Judge Constitution Bench has referred, inter alia, to the decision in the Five-Judge Constitution Bench decision in Md. Faruk's case (supra) (in para 29). In paragraph 67 of the Seven-Judge bench judgment it has been observed: The State and every citizen of India must have compassion for living creatures. Compassion, according to the Oxford Advanced Learner Dictionary means a strong feeling of sympathy for those who are suffering and a desire to help them. According to the Chambers 20th Century Dictionary, compassion is fellow-feeling, or sorrow for the sufferings of another; pity. Compassion is suggestive of sentiments, a soft feeling, emotions arising out of sympathy, pity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... life and liberty guaranteed by Article 21. It is a 'right to be let alone. 27. However, in the present case, the closure of the slaughter houses is only for 9 days and not for a considerable period of time. We have, therefore, to take a balanced view of the matter. 28. In this connection it may be mentioned that there is a large population of the Jain community in the States of Rajasthan and Gujarat. The Jains have a religious festival called Paryushan during which they do penance. Out of respect, for their sentiments surely the non-vegetarians can remain vegetarians for 9 days in a year. 29. Mr. Soli Sorabjee, learned senior counsel for one the appellants submitted that even non-vegetarians can get meat from other cities of Gujarat or from other States during these 9 days period of Paryushan and they will not be compelled to become vegetarians. Learned counsel submitted that it is only the municipal slaughter houses which are closed for 9 days, but there is no ban on eating meat during those 9 days which can easily be procured from outside. We do not agree. 30. We have to take a practical view of the matter. Most people do not have the money to purchase meat from other cities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of thinking but for all, and that the majority of the elected representatives of the people have, in authorizing the imposition of the restrictions, considered them to be reasonable. 34. The aforesaid observations have become locus classicus. In the present case we have noticed that the closure of the slaughter house is only for 9 days and not for a considerable period of time. This decision indicates that the restriction is reasonable. A period of 9 days is a very short time and surely the non-vegetarians can become vegetarians during those 9 days out of respect for the feeling of the Jain community. Also, the dealers in meat can do their business for 356 days in a year, and they have to abstain from it for only 9 days in a year. Surely this is not an excessive restriction, particularly since such closure has been observed for many years. 35. In the above observation in State of Madras vs. V.G. Row (supra) mention has been made therein of the things to be seen in judging whether the restriction is reasonable or not, and one important consideration is whether the restriction is disproportionate. In our opinion, there is no disproportionate restriction because the restriction is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t should declare it to be unconstitutional. 40. In the present case, we do not find any clear violation of any constitutional provision by the impugned resolutions. As already stated above, had the closure of the slaughter houses been ordered for a considerable period of time, we would have declared it to be unconstitutional on the ground of violation of Articles 14, 19(1)(g) as well as 21 of the Constitution. However, in the present case, the closure is only for a few days and has been done out of respect for the sentiments of the Jain community which has a large population in Gujarat. Moreover such closure during Paryushan has been consistently observed in Ahmedabad for a very long time, at least from 1993 and probably for a longer period. 41. It must be remembered that India is a multi-cultural pluralistic society with tremendous diversity. There are a large number of religions, castes, languages, ethnic groups, cultures, etc. in our country. Somebody is tall, somebody is short, somebody is fair, somebody is brown, somebody is dark in complexion, someone has Caucasian features, someone has Mongoloid features, someone has Negroid features, etc. We may compare our country with C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their merits irrespective of their religion, caste, etc. 48. The Emperor Akbar held discussions with scholars of all religions and gave respect not only to Muslim scholars, but also to Hindus, Christians, Parsis, Sikhs, etc. Those who came to his court were given respect and the Emperor heard their views, sometimes alone, and sometimes in the Ibadatkhana (Hall of Worship), where people of all religions assembled and discussed their views in a tolerant spirit. The Emperor declared his policy of Suleh-e-Kul, which means universal tolerance of all religions and communities. He abolished Jeziya in 1564 and the pilgrim tax in 1563 on Hindus and permitted his Hindu wife to continue to practise her own religion even after their marriage. This is evident from the Jodha Bai Palace in Fatehpur Sikri which is built on Hindu architectural pattern. 49. In 1578, the Parsi theologian Dastur Mahyarji Rana was invited to the Emperors court and he had detailed discussions with Emperor Akbar and acquainted him about the Parsi religion. Similarly, the Jesuit Priests Father Antonio Monserrate, Father Rodolfo Acquaviva and Father Francisco Enriques etc. also came to the Emperors court on his request a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndation of faith should be daya (compassion) and that God is one though he is differently named by different faiths. 54. The Emperor received instruction in Dharma from Suri who explained the Jain doctrines to him. He discussed the existence of God and the qualities of a true Guru and recommended non-killing (Ahinsa). The Emperor was persuaded to forbid the slaughter of animals for six months in Gujarat and to abolish the confiscation of the property of deceased persons, the Sujija Tax (Jeziya) and a Sulka (possibly a tax on pilgrims) and to free caged birds and prisoners. He stayed for four years at Akbars court and left for Gujarat in 1586. He imparted a knowledge of Jainism to Akbar and obtained various concessions to his religion. The Emperor is said to have taken a vow to refrain from hunting and expressed a desire to leave off meateating for ever as it had become repulsive. The Emperor presented to him Padma Sundar scriptures which were preserved in his palace. He offered them to Suri as a gift and he was pressed by the Emperor to accept them. The killing of animals was forbidden for certain days. 55. If the Emperor Akbar could forbid meat eating for six months in a year in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... everyone in Lucknow, including the Muslims, played Holi, although it was Muharrum day also. It is this kind of sentiment of tolerance which alone can keep our country united. 60. We are making these comments because what we are noticing now-adays is a growing tendency of intolerance in our country. 61. Article 1(1) of the Constitution states India i.e Bharat is a Union of States. 62. It may be mentioned that during the Constituent Assembly debates some members of the Constituent Assembly were of the view that India should be described as a Federation. However, instead of the word "Federation" the word "Union" was deliberately selected by the Drafting Committee of the Constituent Assembly to indicate two things, viz., (a) that the Indian Union is not the result of an agreement by the States, and (b) that the component States have no freedom to secede from it. 63. Moving the Draft Constitution for the consideration of the Constituent Assembly on November 4, 1948, Dr. Ambedkar, Chairman of the Drafting Committee explained the significance of the use of the expression "Union" instead of the expression "Federation":- "It is true that Sou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etudayal Enil Sindhanai ondrudayal Which means \This Bharatmaata has thirty crores of faces! But her body is one. She speaks eighteen languages! But her thought is one 68. The great Tamil poet Kaniyan Pookundranar wrote : Yadhum oore yaavarum kelir\ Which means- \All places are my own places All people are my own kith and kin 69. Similarly, the great poet Saint Tiruvalluvar in Chapter 74 verse 735 of Tirukkural wrote: Palkuzhuvum paazhseyyum utpagayum Vendalaikku kolkurumbum illadhu nnadu Which means That alone can be called as a prosperous country which is free from separatist tendencies and people who harm its sovereignty. 70. In the Shanti Parv of Mahabharata Bhishma Pitamah tells Yudhishthir: Hksns x.kk fous\kqfg fHkUukLrq Lkqt;k% ijSS% k rLEkkr la|kr;sxsu iz;rsju x.kk% lnk kk (Chapter 107/108 Shloka 14) Which means Republics have been destroyed only because of internal divisions, it is only when there are internal divisions between the people, that an enemy can destroy it, hence a republic should always try to achieve, unity and good relations between its people." In the same Shanti Parv, Bhishma Pitamah also said : rs"kkeU;ksU;fHkUukuka Lo'kfRdeuqfr"Brke ..... X X X X Extracts X X X X X X X X Extracts X X X X
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